Patna High Court
Md. Kamshan @ Kummo @ Md. Kamran @ Md kamran AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioners, Md. Kamshan and Md. Ahad, applied for anticipatory bail fearing arrest in a murder case (PS Naugachhiya Case No. 255 of 2025) where they were alleged to have caused the death of a person using a firearm. The prosecution alleged that the deceased was last seen with the petitioners and later found dead due to firearm injuries. The High Court, noting the seriousness of the allegations and the charges under Sections 103(1), 238, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, declined to grant anticipatory bail. The court ordered the petitioners to surrender within four weeks and to apply for regular bail, stating that the regular bail application would be considered on its merits. The order was communicated to the Senior Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in light of the serious nature of the offences alleged.
- Whether the charges under Sections 103(1), 238, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 238, 3(5)
Subjects
- anticipatory bail
- serious offence
- Arms Act
- surrender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90073 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
1. Md. Kamshan @ Kummo @ Md. Kamran @ Md kamran Alam son of Md.
Pairu Resident of Village -Ujani, Ps- Naugachhiya, District- Bhagalpur
2. Md. Ahad @ Ahda @ Sufyan Son of md. Pairu Resident of Village -Ujani,
Ps- Naugachhiya, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Naugachhiya P.S. Case No. 255 of 2025
registered for the offence under Sections 103(1), 238, 3(5) of the
BNS and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners are
accused of last seen with the deceased after which the deceased
was found dead. The injury caused to the deceased, because of
which the deceased, has died, has been caused by fire arm.
4. Considering the serious allegations levelled
against the petitioners, this Court is not inclined to grant
Patna High Court CR. MISC. No.90073 of 2025(3) dt.27-02-2026
2/2
anticipatory bail to the petitioners.
5. Accordingly, this application for anticipatory
bail is dismissed.
6. The petitioners are directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Senior Superintendent of Police,
Bhagalpur will take all steps for arrest of the accused person/s
including the petitioners. If the petitioners surrender and pray
for regular bail then the Court below will consider the same on
its own merits without being prejudiced by the fact that
anticipatory bail application of the petitioners has been
dismissed.
7. Let a copy of this order this order be
communicated to the Senior Superintendent of Police,
Bhagalpur through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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